A recent Ontario Superior Court of Justice ruling appears to open the way to adding invasion of privacy claims to defamation lawsuits against journalists, says a defamation lawyer.

“It’s a development that I think is of concern to the media that invasion of privacy torts that one would have thought are subsumed in defamation may now be treated differently and separately from defamation, as the judge seemed to accept,” says Paul Schabas, a partner at Blake Cassels & Graydon LLP and an adjunct media law professor at the University of Toronto.

On Aug. 31, Justice Graeme Mew released the reasons for his July 17 decision on a motion in Chandra v. CBC. The motion, brought by the CBC, sought to have the court decide that it shouldn’t put an invasion of privacy claim to the jury that the plaintiff had added to his original defamation case.